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Federal Skilled Worker Class Action Lawsuit

st-cnncomes

Star Member
Dec 5, 2012
86
4
I think that all depends on your AOR, the date your file was received by the CHC. If your waiting time exceeds the time displayed on their website then you have a strong case. All thoes who have waiting times exceeding the time given on the website are still in process.
 

st-cnncomes

Star Member
Dec 5, 2012
86
4
Sujman said:
Thanks wonderful and warmest for your comments on my request....Info given by you are very useful

I received my CAIPS in last week of Dec 2012 and at there I found entry on termination of my case after the manual review (on 2nd Nov). Initially CHC has suspended my case in July 2012 due to operation of law (OB 442). However my medicals valid until 18th Jan 2013. Furthermore I received feedback from CHC Colombo mentionning my case is affected by new law (1) for my personnel visit to CHC in August and (2) for a case specific inquiry made in Sept. Then 05 number of PRE FEB 2008 applicants (including myself) from Colombo VO who are in same status (completed medicals and still affected by new law) got together and handed over a collective petition to CHC Colombo (in Nov) requesting to process our applications and update us officially the current status of our applications. Then submitted a reminder to CHC in early Dec. Having not received any response other than the earlier two feedbacks recived from CHC and after going through my CAIPS in late Dec, I came to the decision of joining with litigation.
I think that all depends on your AOR, the date your file was received by the CHC. If your waiting time exceeds the time displayed on their website then you have a strong case. All thoes who have waiting times exceeding the time given on the website are still in process.
 

wounderful

Hero Member
Oct 18, 2012
322
6
Pakistan
Category........
Visa Office......
Islamabad - London
NOC Code......
3111
Job Offer........
Pre-Assessed..
App. Filed.......
26-06-2005
AOR Received.
17-07-2005
IELTS Request
original sent with application
File Transfer...
30-09-2010
Backlog

Federal Skilled Worker applications received before the priority processing date of February 27, 2008*
2007 2008 2009 2010 2011 2012
586,109 512,996 400,005 334,881 302,365 10,422

Total Applicants Awaiting a Decision
2007 2008 2009 2010 2011 2012
930,036 998,298 946,476 1,003,716 1,009,943 619,780


Source: CIC Operational Databases, 3rd Quarter 2012


Please check the latest figures posted by CIC shows it cleared all Backlog (Pre-2008) applicants in December 2012 and only left 10,422.
 

st-cnncomes

Star Member
Dec 5, 2012
86
4
Federal Court challenge to section 87.4 of IRPA
The amendments contained in section 87.4 of the IRPA terminating FSW applications are subject to litigation. The result of that litigation could affect how the terminated FSW applications are handled in the future. Further information will be provided as the litigation progresses.

CIC is anticipating the worst.
 

st-cnncomes

Star Member
Dec 5, 2012
86
4
I don’t think that the Policy Makers in CIC fared poorly in the IELTS exams as once thought it to be, because as I recall there is a statement in the update requests ‘ We are ready to process your file ‘ and I think that is exactly what they’ve done for all those who’ve crossed the 100 months mark.

These people could be the lucky 20000. But what about thoes in the 98 - 99 months ???
 

thephilanthropist

Full Member
Dec 9, 2011
45
0
Dear All,
Please understand the below mentioned analysis and all data represented are taken from the official sources.
This analysis is done for New Delhi Visa Post.

Visa Office Pre Feb 2008 AOR Date
New Delhi–India 97 September-04 (Oct-2012 - 97 months)

Total Number of Pending Application : 33739 (as on July 2012)
Total Number of Application from 2005-2008 : 30739
Total Number of Application applied in 2004 : 10480

Now as per TimeLine of Processing 97 months as on Oct 2012, if we deduct 97 months from Oct 2012 it comes Sept 2004.
If we calculate that from 2005-2008 any files are not accessed then we have 33739-30739=3000 cases
It means that from 10480 there are 3000 cases for which selection criteria is meet and kept in process.

DISCLAIMER: ALL VIEWS ARE SOLELY PERSONAL AND FURTHER COMMENTS ARE WELCOMED.
 

noon

Hero Member
Mar 9, 2012
226
5
Category........
Visa Office......
New Delhi
NOC Code......
3113
Job Offer........
Pre-Assessed..
App. Filed.......
28-07-2004
Doc's Request.
11-10-2008
Nomination.....
NA
AOR Received.
28-07-2004
IELTS Request
november 2006
File Transfer...
NA
Interview........
I think it is waived
hi philanthropist,
no of applications means no of persons included in a case.

CIC data records can be case wise or it can be application wise.
there are about 97000 pre feb applications (or around 33000 pre feb cases) in new delhi.


ie total no of pending (application) :33739 is not applications but cases .if you calculate 3 persons or applicants per case it will match approximately 97000 applicants.

if you divide it by 4 (years from 2004 to 2007) it can be around 8000 cases or 24000 aplicants(3 persons per case). This could be the total no of applicants in 2004

half of 2004 are in process and half is DM . so 24000 divided by 2 = 12000.

12000 is an inflated figure because applicants applied in 2004 is the least compared to 2005, 2006 and 2007 but we equally divided the total applicants to each year. so less than 12000 applicants or 4000 cases are in process now in newdelhi.
 

thephilanthropist

Full Member
Dec 9, 2011
45
0
noon said:
hi philanthropist,
no of applications means no of persons included in a case.

CIC data records can be case wise or it can be application wise.
there are about 97000 pre feb applications (or around 33000 pre feb cases) in new delhi.


ie total no of pending (application) :33739 is not applications but cases .if you calculate 3 persons or applicants per case it will match approximately 97000 applicants.

if you divide it by 4 (years from 2004 to 2007) it can be around 8000 cases or 24000 aplicants(3 persons per case). This could be the total no of applicants in 2004

half of 2004 are in process and half is DM . so 24000 divided by 2 = 12000.

12000 is an inflated figure because applicants applied in 2004 is the least compared to 2005, 2006 and 2007 but we equally divided the total applicants to each year. so less than 12000 applicants or 4000 cases are in process now in newdelhi.
Dear Member,
The below mentioned fig. are taken from the official sources and they represent Cases.
2004 - 10480 cases (31768 persons)
2005 - 9421 cases (26965 persons)
2006 - 10959 cases (30473 persons)
2007 -9307 cases (24985 persons)
2008 - 1052 cases (2815 persons)
These are the data extracted from the official sources.

Now I welcome all to please analyze the situation and carry forward the further analysis
 

tuyen

Hero Member
Oct 19, 2012
889
59
Tronna
Job Offer........
Pre-Assessed..
thephilanthropist said:
Dear Member,
The below mentioned fig. are taken from the official sources and they represent Cases.
2004 - 10480 cases (31768 persons)
2005 - 9421 cases (26965 persons)
2006 - 10959 cases (30473 persons)
2007 -9307 cases (24985 persons)
2008 - 1052 cases (2815 persons)
These are the data extracted from the official sources.

Now I welcome all to please analyze the situation and carry forward the further analysis
The only thing you've done is listed a bunch of numbers, with no coherent question attached. What exactly is it that you want analyzed?
 

noon

Hero Member
Mar 9, 2012
226
5
Category........
Visa Office......
New Delhi
NOC Code......
3113
Job Offer........
Pre-Assessed..
App. Filed.......
28-07-2004
Doc's Request.
11-10-2008
Nomination.....
NA
AOR Received.
28-07-2004
IELTS Request
november 2006
File Transfer...
NA
Interview........
I think it is waived
thephilanthropist said:
Dear Member,
The below mentioned fig. are taken from the official sources and they represent Cases.
2004 - 10480 cases (31768 persons)
hi philanthropist 10480 is total pre feb applications pending in CIC. Not in newdelhi alone
check this link http://www.cic.gc.ca/english/resources/statistics/data-release/2012-Q3/index.asp
pre feb applications pending in new delhi is only 88 source www.data.gc.ca Skilled worker inventory as on october 4 2012 persons.

I think result of manual checking of files done in nov 2012 was not included in this data. Otherwise there is no reason for pre feb new delhi cases up to august 2004 to be in process and september 2004 onwards decision made.

We are left in dark as in the past 8 1/2 years.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
Immigration not the primary solution to skills gap

Vancouver Sun, January 4, 2013

Matching potential skilled immigrants with employers in Canada is a worthwhile goal.

So Immigration Minister Jason Kenney's notion of a Web-based system to be set up by the federal government that would allow employers to express an interest in individual applicants is on its own a worthy initiative.

But it also has to be viewed in the broader contexts of how we got to the point in Canada where we have a shortage of skilled tradespeople while at the same time we have high unemployment, of what we are trying to achieve through our immigration system, and how well the government is doing at meeting its goals.

In a recent interview with the Globe and Mail, Kenney said an "expression of interest" system to be in place by 2014 will allow prospective immigrants to list their skills and experience in a Canadian government database. Employers looking for more than just temporary workers would then be able to "fish out of that pool."

The system will be the latest in a string of initiatives aimed at fixing what has been a broken system, with multi-year wait-lists for applicants and a mismatch between federal objectives and provincial needs.

A primary concern now is the trades gap. We've known for some time that we need more workers in skilled trades, especially in the booming energy industry in the west. Yet both our education and immigration systems have been skewed toward producing university graduates rather than skilled tradespeople.

That bias has been read correctly by parents who have steered their children into white-collar rather than blue-collar occupations.

B.C. and other provinces have belatedly started trying to ramp up trades training. The provinces have also benefited from the Provincial Nominee Program, which allows a limited number of immigrants to be sponsored based on provincial employment needs.

Kenney recently turned down a request by the provinces for more control over immigration, arguing that immigration is the part of nation building that needs to be controlled by Ottawa.

Unfortunately, Ottawa hasn't been doing a very good job, at least not on bringing in the skilled workers we need. It allowed a backlog to build that saw some applicants wait as long as nine years in the queue. While that was an intolerable situation, the solution - cutting 280,000 people off the list and refunding their application fees - was almost as bad.

At a time when the government was cracking down on "queue jumpers" posing as refugees, it was slamming the door on people who had been waiting patiently for years.

That isn't helping Canada's reputation as a destination for the kind of immigrants we would like to see here at a time when international competition for skilled workers is increasing.


At the same time, we have to do more to allow Canadians to compete for jobs. We need more apprenticeships and institutional programs, and we need a concerted effort to remove the bias against blue-collar work from our school systems.

We also need to concentrate on creating opportunities for women and First Nations people, both of which as groups are under-represented in high-paying skilled trades.

Using immigration to fill a skill gap should be a fallback measure, not the preferred option. And bringing in temporary skilled workers, as we have increasingly done over the past decade, should be viewed as a sign of failure, both of our immigration and education systems. Temporary workers send their earnings home, they don't become part of our communities, and they don't contribute to the skill base we need for the future.

There won't be any single quick fix for our looming skills shortage, but getting our priorities right is a good place to start.

http://www.vancouversun.com/business/Immigration+primary+solution+skills/7774779/story.html
 

tuyen

Hero Member
Oct 19, 2012
889
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Tronna
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You highlighted the wrong parts. Again.

This is the most relevant part of that whole article:

Using immigration to fill a skill gap should be a fallback measure, not the preferred option. And bringing in temporary skilled workers, as we have increasingly done over the past decade, should be viewed as a sign of failure, both of our immigration and education systems. Temporary workers send their earnings home, they don't become part of our communities, and they don't contribute to the skill base we need for the future.
 

hopefulever

Hero Member
Feb 11, 2012
327
2
Category........
Visa Office......
NDLS
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
10-07-2004
Doc's Request.
Nov 2008
What is the date of hearing in fedral court and when we can expect a decision /judgement what ever it may be?
 

wounderful

Hero Member
Oct 18, 2012
322
6
Pakistan
Category........
Visa Office......
Islamabad - London
NOC Code......
3111
Job Offer........
Pre-Assessed..
App. Filed.......
26-06-2005
AOR Received.
17-07-2005
IELTS Request
original sent with application
File Transfer...
30-09-2010
hopefulever said:
What is the date of hearing in fedral court and when we can expect a decision /judgement what ever it may be?
No idea about decision/Judgement, however, there is an important hearing on 14 to 16th January 2013 of class action application. Best of luck.
 

can88da

Full Member
Jan 9, 2013
36
0
Karachi
Category........
Visa Office......
Islamabad than London
NOC Code......
2173
Job Offer........
Pre-Assessed..
App. Filed.......
03-01-2008
AOR Received.
21-02-2008
File Transfer...
10-01-2011
Hi all,

I am new to this forum. I had applied to FSW in January 2008. I used to see message "In process" when ever I logged into the CIC website. I checked logged into the CIC website this month and found the message "Decision Made".

I Googled and found some web pages saying that CIC will be informing you whether you qualify for the next stage or not and they will be returning the fees I had submitted.

After reading some more articles on the web I am now very frightened as to what may be happening. I was hoping that my wait was finally over but now I am very depressed that I have lost 5 years waiting for Canadian immigration and now I may have nothing :(

Is there any hope?